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1872 Uppsatser om Legal certainty and efficiency - Sida 2 av 125

Finlandsmodellen Konsekvenser av ett införande ? ett lantmätarperspektiv

The purpouse of this study is to find out how and if a Content Managment System (CMS) can benefit from applied User Experience Design (UX). A work project has been executed where a client wanted the students to create a user friendly CMS for adding content to a global hotel review site. A prototype of a CMS was created based on literature studies about UX and CMS. The prototype of the user friendly CMS was then tested through user tests and interviews with key users. After input from the key users the prototype was changed until the users were satisfied with it..

Vad utgör resebyråns rättsliga ställning i förhållande till flygbolaget och resenären?

Normally when purchasing a trip, an airline, a travel agency and a traveler is included in the purchasing process. Mostly a travel agency acts as an intermediary between the airline and the traveler. The travel agency is not considered to have any major part to the contractual relationship, usually the purchase agreement is considered to be covered by the airline and the traveler as the main parties. This is essentially the view shown from a legal perspective on the specific area. The application of legal provisions on the travel agency?s legal status may nevertheless bring a certain amount of ambiguity in the interpretation.

Försäkringskassan- effektiv och/eller rättssäker?

The public administration and its officials have a number of values which they have to relate to in their work. The values are a set of democratic and economic values.This study?s purpose is to examine how the officials at the National Insurance Office in Sweden give priority to these values. The study is performed by interviews with officials at two insurance offices.The study shows that the officials in a high degree value the democratic values legal security and public ethics. In turn they experience that productivity, which is an economic value, is being promoted in a high degree from the management.

Kodväxling och intersubjektivitet  i tolkmedierade domstolsförhandligar

Reaching shared understanding during court hearings is a prerequisite to ensure a fair trial and maintaining legal certainty. Every month between 2,000 and 3,000 court hearings in Sweden make use of interpreters. Interpreter-mediated conversations involve an extra discourse compared to monolingual conversations which increases the risk of misunderstandings.Using methodology of conversation analysis the study explores how bilingualism is expressed during interpreter-mediated court hearings, at which occasions the Spanish-speaking laymen switch to Swedish and what function the codeswitching fulfills. The study identifies patterns in codeswitching and categorizes them into six different types. Furthermore the ideology of monolingualism in court is challenged and the advantages and disadvantages of codeswitching is discussed.The analysis concludes that even though certain types of codeswitching lead to delays in the conversation, the interaction is mostly favored by the Spanish-speaking party understanding some Swedish.

Värvningsförbud av anställda och konkurrensbegränsande samarbeten

This thesis focuses on employers? use of non-­?solicitation of employees in commercial contracts within the union?s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers. .

Fastighetsbestämning och särskild gränsutmärkning i Sverige

The purpose of this thesis is to describe property definition and special boundary demarcation and to analyze the differences between the two cadastral procedures. Property boundaries, especially unlawfully determined boundaries created through unofficial parcelling, can create conflicts between landowners and make it diffi-cult to know which land that a property contains of. It is possible to clarify the boundary conditions through a property definition or through a special boundary demarcation re-establish boundary marks.The methods used are: (1) A literature review to collect background information, (2) A case study to summarize court cases and (3) A questionnaire study to collect opinions from cadastral surveyors.The result is summarized in two comparisons. Firstly between restoration of landmark and special boundary demarcation (which replaced restoration of landmark in a legislative change in 2010), which demonstrated that the change in the law is considered positive because special boundary demarcation gives a legal effect on the boundaries. Secondly between property definition and special boundary demarcation which demonstrated that the two procedures are similar to each other.

Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?

According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.

Mål- och resultatstyrning inom domstolsväsendet: En fallstudie inom Migrationsdomstolen i Stockholm

The aim of this study is to enhance the knowledge of target and performance management?s effects on the judiciary. In the past decades there have been a number of reforms in the general public sector of many countries. The management philosophy often used to describe these public sector reforms is called New Public Management (NPM). One main theme has been an increased focus on the management control systems, for example a greater emphasis on target and performance management.

Att göra affärer i Kina - rättsligt skydd i lagen och i verkligheten

This thesis looks at the difference between the legal protection in law and the legal protection in reality when a small company working with international trade comes in contact with seller's breach of contract. The thesis uses a case taken from a company with over 30 years experience trading with China and looks at the legal protection available along with the different possibilities of dispute resolution available to a company and then looks at the reasons why this legal protection never becomes a reality and the thesis also analyses some possible reasons for this gap between law in the books and law in reality..

Våld, rätt och öde : en läsning av Walter Benjamins Zur Kritik der Gewalt

This essay provides an attempt to reflect the notions of violence, right or law and fate in Benjamin?s Zur Kritik der Gewalt, in order to clarify his very dense historical-philosophical reflection on the constitutive relation between violence and law. In contrast to what is most often the case, this essay will not address the notion of divine violence in a direct sense, but mainly focus on Benjamin?s discussion on right and law. The complex of his historical reflection, his attempt to articulate what he calls the ?historical function? not only of violence, but also of law, is crucially related to the notion of fate.

Val och byte av företagsform : En studie gällande skatternas roll vid val av företagsform samt de skattemässiga konsekvenserna vid ombildning av företag

In today?s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions.

Den europeiska arresteringsordern : ett rättssäkert förfarande?

The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition.

Proportionalitetsprincipen : En studie av dess inverkan i LOU

The principle of proportionality is considered one of the most important contemporary legal principles on which it intends to protect individual citizens against disproportionate action by the authorities. This aroused our interest prior to this study. The essay reveals how such behavior might look like and how courts have chosen to adjudicate in cases where the individual has been discriminated against or subjected to unreasonable demands in public procurement. That section of the law that were current throughout all court cases are Public Procurement Act (2007:1097) LOU. That which we have seen in every court case is that the applicant has not received a proper fair chance when the requirements of the contract often been asked in a way that either exclude the smaller applicant company or rule out various potential applicants parties due to excessive and sometimes unnecessary requirements.

Minimiaktiekapitalet i Sverige: En konsekvensstudie av ett slopande av aktiekapitalkravet

In 2007 the Swedish government appointed a commission of inquiry with the task to submit a proposal of reduction in the requirement of a minimum legal capital for private limited liability companies. The commission of inquiry?s main proposal involved a reduction to SEK 50,000 compared to the prevailing SEK 100,000. Following a complementary proposal from the Justice Department suggesting a reduction to SEK 1, this paper aims at providing an understanding of the function and purpose of a minimum legal capital and the consequences that follows from an abolition of the statutory capital requirement. The thesis concludes that the legal capital?s main purpose is that of a standard contract internalizing the shareholder?s risk in business.

Gränsöverskridande arvskiften : En analys av domsrätts- och lagvalsfrågan med beaktande av EU:s förordning nr 650/2012 samt dess förhållande till tredjestat

In today?s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions.

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